ATTORNEY GENERAL'S OFFICE
Filed March 1, 2012,
NOTICE OF REQUEST FOR ATTORNEY GENERAL'S OPINION
WASHINGTON ATTORNEY GENERAL
The Washington attorney general issues formal published
opinions in response to requests by the heads of state
agencies, state legislators, and county prosecuting attorneys.
When it appears that individuals outside the attorney
general's office have information or expertise that will
assist in the preparation of a particular opinion, a summary
of that opinion request will be published in the state
register. If you are interested in commenting on a request
listed in this volume of the register, you should notify the
attorney general's office of your interest by March 28, 2012.
This is not the due date by which comments must be received.
However, if you do not notify the attorney general's office of
your interest in commenting on an opinion request by this
date, the opinion may be issued before your comments have been
received. You may notify the attorney general's office of
your intention to comment by calling (360) 586-0728, or by
writing to the Office of the Attorney General, Solicitor
General Division, Attention Jeffrey T. Even, Deputy Solicitor
General, P.O. Box 40100, Olympia, WA 98504-0100. When you
notify the office of your intention to comment, you may be
provided with a copy of the opinion request in which you are
interested; information about the attorney general's opinion
process; information on how to submit your comments; and a due
date by which your comments must be received to ensure that
they are fully considered.
If you are interested in receiving notice of new formal
opinion requests via e-mail, you may visit the attorney
general's web site at www.atg.wa.gov/AGOOpinions/default.aspx
for more information on how to join our opinions listserv.
The attorney general's office seeks public input on the
following opinion request(s):Opinion Docket No. 12-02-03
Request by Honorable Brian Blake
State Representative, 19th District
1. Is a property owner entitled to use one exemption
under RCW 90.44.050 to withdraw less than 5,000 gallons
per day, whether for single or group domestic use,
regardless of the size or the number of contiguous
parcels commonly owned by the owner?
2. When considering common ownership as a reason to
require a permit under RCW 90.44.050, what makes commonly
owned parcels "one development project?" And when must
Ecology or the local permitting authority determine that
parcels are under common ownership and are "one
development project" of a size and nature that require a
water right permit?
3. How far back in time or into the future can Ecology or
the local permitting authority consider land use actions
and common ownership of parcels to make a determination
of whether a water right permit was needed, or will be
needed at the time the initial permit exempt well gets
drilled to serve the initial single subdivision in an
amount not to exceed 5,000 gallons per day?
4. If Ecology can make a retroactive decision that
parcel(s) under common ownership developed in such a
manner and sequence over a long period of time that
today, the permit exemption may not apply to the initial
subdivision project if all commonly owned parcels are
retroactively considered in toto, can Ecology require
owner(s) of the initial subdivision project to obtain a
permit after water from the permit-exempt well is put to
beneficial use in an amount not exceeding 5,000 gallons
5. What amount of time separation is sufficient between a
properly owner's separate land use actions on commonly
held parcels for them to be considered separate project
for permitting requirements?
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